Explainer: Who replaces Sara Duterte if she is removed as VP

By Carlito Pablo

The impeachment trial of Philippine Vice President Sara Duterte is in progress.

If convicted by the Senate sitting as an impeachment court, the daughter of former president Rodrigo Duterte faces removal from office.

So who then will replace the vice president?

The rules of succession in the executive department are enshrined in the 1987 Constitution.

These rules ensure continuity in government should the president and other high-ranking officials in the executive branch are unable to discharge their duties.

In Duterte’s case, Section 9 of Article VII applies and it states:

“Whenever there is a vacancy in the Office of the Vice-President during the term for which he was elected, the President shall nominate a Vice-President from among the Members of the Senate and the House of Representatives who shall assume office upon confirmation by a majority vote of all the Members of both Houses of the Congress, voting separately.”

In short, President Ferdinand Marcos Jr. cannot simply pick anyone he wishes to appoint as successor to Duterte.

As the Constitution provides, the new vice president must come from the ranks of either the Senate or the House of Representatives.

To recall, the position of vice president has been vacated in the past.

In 2001, then President Joseph Estrada stepped down from office in the face of a revolt that was triggered by his aborted impeachment trial before the Senate.

The vice president at the time, Gloria Macapagal Arroyo, assumed the presidency, leaving the vice president’s position vacant.

As president, Arroyo nominated Senator Teofisto Guingona, the same senator who called for the impeachment of Estrada.

In a televised speech, Arroyo said she picked Guingona from among six contenders. The five others were Senators Aquilino Pimentel, Franklin Drilon, Raul Roco, Loren Legarda and Ramon Magsaysay Jr.

It was Guingona who delivered his famous “I Accuse” privilege speech in the Senate, which triggered an investigation of Estrada on corruption charges.

In Duterte’s case, the vice president is accused of misusing public funds and threatening to have President Marcos assassinated. 

If convicted, Duterte will also be permanently barred from running for public office, effectively taking her out of the 2028 presidential race.

Duterte’s father Rodrigo is himself facing trial before the International Criminal Court (ICC) in The Hague, Netherlands for alleged crimes against humanity in connection with his bloody war against drugs during his time as president and mayor of Davao, a city in southern Philippines.

The vote of 16 of the 24 senators sitting as impeachment judges is required to convict Duterte.

Two senators – Jinggoy Estrada and Rodante Marcoleta – have been arrested on plunder charges. Both are allies of Duterte.

Another senator – Ronald dela Rosa – has gone into hiding. Dela Rosa has been named as one of Rodrigo Duterte’s co-conspirators in charges pending before the ICC.

It’s not clear if Estrada, Marcoleta, and Dela Rosa are able to vote in Duterte’s impeachment trial.

Only one impeachment has been completed in line with the 1987 Constitution. This was in the case of then Supreme Court Chief Justice Renato Corona, who was convicted in 2012 for betrayal of public trust due to the misdeclaration of his wealth.

Duterte has been topping polls among potential successors to Marcos in the 2028 presidential election.

Duterte is seen to emerge stronger if she survives her impeachment trial.

But as political analyst Ronald Llamas wrote in his Philippine Star column on July 12, 2026, this does not mean that Duterte will surely become the next president.

In his piece titled “The two courts of Sara’s impeachment trial”, Llamas recalled that then president Estrada won a procedural victory in his impeachment trial when an envelope supposedly containing critical evidence was not allowed to be opened, a deed that triggered the revolt that led to his ouster in 2001.

Llamas wrote, “The same lesson applies today. Sara’s impeachment trial is unfolding in two courtrooms simultaneously – the Senate and the court of public opinion. Winning both is the ideal, as legal victories need public legitimacy. But neither side can afford to lose in the court of public opinion. The people, rightly or wrongly, have a way of reshaping political realities, even altering the fate of those who believe they have already won.”

CAPTION: Vice President Sara Duterte declared earlier this year that she is running for president in 2028. Image from Duterte’s official social media.